Obtaining a right to a trademark

Obtaining a right to a trademark

Depending to the legal system of the countries, there are two ways to obtain the right to a trademark. In some countries, the actual use of a trademark in commerce creates the right to that mark. Therefore, the use of a certain trademark on products is sufficient for companies to be able to claim a right to that trademark.

On the other hand, the majority of countries have legal systems that require the registration of trademarks. The registrations are open for inspection by the public. Third parties are able to check if a certain mark is registered and what the actual status of the application is.

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